The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Hearing dates: 12 July 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Currie, Senior Member Decision: The appeal is allowed, the order for costs made 23 April 2018 is set aside and the application for costs is dismissed. Catchwords: COSTS – Rule 38(2)(b) – meaning of the expression "the amount claimed or in dispute is more than $30,000" – scope of operation of the rule – special circumstances – challenge to finding that claimant had arguable case Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) District Court Act, 1973 (NSW) Fair Trading Act, 1987 (NSW) Home Building Act, 1989 (NSW) Judiciary Act 1903-1946 (Cth) Judiciary Act 1903-1955 (Cth) Residential Parks Act, 1998 (NSW) Residential Tenancies Act, 2010 (NSW) Retail Leases Act, 1994 (NSW) Strata Schemes Management Act, 1996 (NSW) Strata Schemes Management Act, 2015 (NSW) Supreme Court Act, 1970 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Ballas v Theophilos (No 1) (1957) 97 CLR 186; [1957] HCA 49 Bonita v Shen [2016] NSWCATAP 159 C G Constructions Pty Ltd v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130 Collins v Urban [2014] NSWCATAP 17 Ebert v The Union Trustee Company of Australia Ltd (1957) 98 CLR 172; [1957] HCA 88 Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products (No.2) [2001] NSWCA 450 Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267 Jensen v Ray [2011] NSWCA 247 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Nanschild v Pratt [2011] NSWCA 85 Oertel v Crocker (1947) 75 CLR 621; [1947] HCA 40 Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: Appellant: The Owners – Strata Plan 63341 Respondent: Malachite Holdings Pty Ltd Representation: Counsel: P Menadue (Respondent)